Showing posts with label divorce settlement. Show all posts
Showing posts with label divorce settlement. Show all posts

Tuesday, September 21, 2010

Alimony and Sensibility

Alimony is money paid by one spouse (usually the husband) to another spouse (usually the wife) for the purposes of continuing to live after the divorce. The amount and timing of payments are set out in the divorce ruling. Here are some tips which apply mainly to the spouse who is required to make such payments.

#1 Always pay by check never by cash. The recipient spouse is not required to give a receipt so it is pointless for you to ask for one but in case there is any dispute you need a bank statement indicating if and when the check has been cleared. Keep good records. Many divorce settlement returns to court in a dispute over different matters including alimony payments. Make sure you are on solid ground.

#2 Make sure the divorce settlement declares that your alimony payments are deducted from your income and added to the income of the recipient spouse. This means you will have a lower income for taxation purposes whereas your spouse will have a higher income for taxation purposes. Have this ruling as part of the settlement. You are the one having to make the payments. The least you can get in return is some taxation relief. And if your spouse is getting part of your money, it is arguably fair that they should declare this as part of their income.

#3 Follow the rules of the divorce settlement on the letter. Don't be late with payments, don't try anything different or unusual, never pay in cash and make sure every payment is delivered in the way required.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Sunday, September 19, 2010

How to Negotiate in a Divorce

When trying to negotiate a good divorce settlement, keep the following in mind:

When you are not satisfied with any of your spouse's terms, prepare a logical rebuttal, rather than get defensive and emotional. By all means, speak up!

Be willing to try and consider your soon-to-be-estranged spouse's wellbeing. If things get ugly, remember that a change in your approach (yes, it's hard) can turn things around 180 degrees.

Just do your best to avoid having the case go to trial. The benefits of mediating your own agreement include keeping your marital problems confidential, sparing yourself of open court proceedings and the related costs, speeding up the process and not to mention helping to make it all easier on the kids.

Divorce can get complicated with all its legal and financial details and disagreements. It's no wonder that you are seeking divorce help and divorce support.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Thursday, September 2, 2010

A Few Tips for a Clean Break

Don't inform your spouse about the divorce unless you cover all the bases and take right steps for a divorce plan ahead. Some financial things have to be taken care of before giving notice about divorce. It is better to change registration of names on checking account, mortgage, car, etc. If you are already in the divorce process still things can be properly planned and ways and options can be determined. Negotiating skills and employment of strong tactics are key factors, by which spouse can be made to believe that they are deriving better out of the deal. The divorce should be planned with a right method using the list made with special techniques to accelerate the results of plan.

You should decide whether you are going to represent yourself or hiring an attorney for divorce. If you are going to represent yourself, then you should have thorough knowledge about the laws of the State where you live. Review the amount and location of all your assets and remove the money, if necessary, from bank and place it in security, without depriving necessary funds for the life of your spouse. Credit cards and other sources of credit can be reviewed and if necessary cards with joint account can be cancelled by removing the name of the spouse from the card.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Sunday, July 25, 2010

Close Your Divorce Case!

Divorce is defined as the dissolution of a marriage in the presence of a court. If the divorce is not certified by the court then it is not considered a legal divorce. Once a couple completes a divorce they are free to marry anyone else of their choosing. Divorce not only affects the man and woman involved in the case but also the extended family and the children from the marriage if there were any. A divorce lawyer can help anyone going through a divorce get through the proceedings without ripping their hair out and becoming increasingly frustrated with the other person involved.


Divorce can be a mentally frustrating process and hiring a lawyer to help get through the process is the best thing to do. Why? A divorce lawyer will help with the filing of forms, requesting property when the division of property takes place, figuring out who gets custody of the children, determining visitation rights, figuring out child support and spousal support, and how the debt of the couple should be divided. A divorce lawyer for a divorce case can make the proceedings much easier to deal with than representing oneself.


The majority of states in the United States require that a spouse be a citizen of that state for at least six months before filing for divorce in that state and proof of residence for that time frame must be presented to the court before filing for divorce. The proof can be a written or oral declaration by someone with knowledge of that person’s residence in the specified state. Sometimes the spouse of another will decide to file for divorce in another state and if this is so the other spouse should file for divorce in their own state immediately in order to avoid travel as much as possible.


Family law attorney, , is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Monday, July 5, 2010

Is Your Spouse Hiding Money?

Hiding money (assets) during a divorce is illegal and unethical. Never the less it's more common than you think. Both men and woman alike have and continue these tactics daily. I am in no way advocating hiding assets. I am simply documenting facts to help educate and protect.

By hiding money your spouse may be trying to lower child support and alimony payments. You and your Staten Island divorce attorney must look to uncover any hidden moneys and to prove the actual amount of money that your spouse has available.

I've listed five items below to give you a starting point for finding hidden income and assets.

1) Your spouse may defer a part of his salary until after the divorce. Look for letters, notes, or emails asking to defer income. Look at past history of your spouses earnings. If he/she is normally receives $50,000 per year in commissions and suddenly not receiving any money or a dramatic drop. Advise your divorce attorney.

2) Some spouses receive bonuses in addition to their net pay. Look for deals where partial bonuses are paid and the other portion is put into a separate account accruing to the benefit of the employee. Bonuses can be deferred for future distribution. Look for a pattern of bonus payments in the past.

3) If your partner is suddenly, chronically short of cash, or if their weekly ATM withdrawal doubles, that could be a sign. Many stores now let you get cash back when using your debit card for purchases. Your spouse can be adding $20, $40, or more to ever purchase. Check receipts.

4) Does the mail come to your home? If not, that could be a red flag that your spouse doesn't want you to see certain incoming statements.

5) Any changes in the way family finances are handled. Did that joint savings account suddenly disappear? Was there a piece of a stock sold or got rolled over into something else?


Saturday, July 3, 2010

Divorce Assets

Regardless of the type of divorce process you choose to use, it is important to identify your marital estate. The marital estate is defined by the New York Statute and generally comprises all assets and debts acquired by either party during the marriage, regardless of title. As you can guess, there are numerous exceptions to this rule, so discuss this issue carefully with your attorney. For starters, however, you should begin to gather the following information, regardless of how it was obtained or who obtained it, as long as it was obtained during the marriage. Gather information on an asset used during the marriage, regardless of when it was obtained.

An example of an “asset” would be your residence, a car, a boat, a valuable piece of artwork, a retirement account, or an investment account. An asset is anything that is worth money! Don’t worry about loans on the assets (such as your mortgage or a car loan), because you will be listing all of these debts separately. The result will be your “net” marital estate.


Thursday, July 1, 2010

Financial Checklist for Divorce

Here is a brief checklist to help guide you with the divorce process. It is by no means a comprehensive list, so anticipate that your divorce attorney will need more information, but it is a good starting place.

Income/ Assets:
• Income tax returns for the previous five years
• Retirement account statements; one from the date of marriage, one current.
• Estimated valuation of all real estate acquired during the marriage
• Estimated value of the marital residence, if owned
• Statements from current investment accounts
• Statements from college savings accounts for minor children
• Estimated (Blue Book) value of all automobiles
• Itemization of all valuable artwork, jewelry, etc. with estimate of values
• Copies of all trusts
• Copies of all whole life insurance policies or annuities
• Recent statements from whole life and annuity policies
• Copies of all corporate papers; Sub S Corp’s, LLC’s etc.

Debts
• Current credit card statements
• Current mortgage balances (1st, 2nd, 3rd, etc….)
• Automobile loans
• Promissory notes
• Student loans
• Secured loans
• Other debts and obligations (unsecured)

In complicated cases, a financial professional is helpful to assist in establishing the value of the marital estate. In the more straightforward cases, you and your lawyer can establish the values using and Excell or Numbers spreadsheet, or just a pencil and paper!

The bottom line is that you want to identify everything that was obtained during the marriage, or used as marital property during the marriage regardless of how it was obtained.


Sunday, June 13, 2010

Military Divorce Lawyers

In the unlikely event you have to retain the services of a Staten Island divorce lawyer, you will need to know you have the right one; some guidelines on what to look for are listed below:

1) Well versed in divorce law
2) Have the right approach
3) Be trusted by their clients

Ideally your divorce attorney should be spending half their time dealing with divorce cases and preferably one who is a good mediator. All this will be waste if you do not feel you can trust them, so look for a person you feel comfortable with.

Adversarial attorneys will use the hammer to crack a walnut approach which often happens when these cases go to court whereas an attorney who specializes in mediation will take a much calmer approach. To get the most from your divorce lawyer, be well prepared and have everything written down; do not waste your money and time asking questions, the answers to which are readily available.

Costs are always an issue so write down everything you want to ask and in a logical order always making sure there is an accurate record of times dates and the duration of conversations. Keep a file for all your notes, letters and documents so do as much as possible on the phone and by mail to keep the office time at a minimum.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Key Traits of a Divorce Lawyer

The characteristics of a divorce lawyer are important to consider when seeking legal representation. Whether your divorce is highly contested or if you are close to settling all or most of the major issues pertaining to your divorce such as child custody and visitation, division of property, and support, the following characteristics of a prospective divorce lawyer should be considered.

(1) Proactive

(2) Willingness to negotiate

(3) Assertive

(4) Approachable

(5) Problem solver

Proactive

Proactive divorce lawyers often keep the opposing party on the defensive. Rather than reacting to the opposing counsels requests, a proactive attorney will have a strategy and often initiate action requiring the other party to respond or react. When done effectively, the opposing party may find themselves responding and reacting with little or no opportunity to go on the offensive.

Family law attorney
, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Saturday, June 5, 2010

Being Overly Enmeshed in Your Case

The overall cost of your divorce can be impacted by several behaviors you may be able to control. When a marriage dissolves there are several important topics that need to be addressed and sorted out such as child custody and visitation, division of property, and support. Recognizing the following 4 behaviors and how to manage them ahead of time may be able to help your divorce lawyer properly gather the information he/she needs to put your case together and can reduce your divorce costs at the same time.


Being overly enmeshed in your case
Divorce typically deals with topics that bring about high emotions and intensity, which may result in a spouse becoming overly indulged or enmeshed in his/her case. When this happens, it is not uncommon for a spouse to supply large amounts of irrelevant research material to his/her Staten Island divorce lawyer, which can drive up the costs of attorney fees. Additionally, a spouse that is enmeshed in his/her case, may begin micromanaging their divorce lawyer’s work, which can create more work for his/her divorce lawyer and be counter productive. Setting clear objectives and goals and knowing what to expect from your Staten Island divorce lawyer in advance can help reduce the tendency to become overly enmeshed in your case.


Family law attorney, , is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.


Having Unclear Objective with Your Divorce Lawyer

The overall cost of your divorce can be impacted by several behaviors you may be able to control. When a marriage dissolves there are several important topics that need to be addressed and sorted out such as child custody and visitation, division of property, and support. Recognizing the following 4 behaviors and how to manage them ahead of time may be able to help your divorce lawyer properly gather the information he/she needs to put your case together and can reduce your divorce costs at the same time.


Having unclear objectives
One of the biggest mistakes you can make at the outset of your divorce is to not know what it is you hope to accomplish. Before you begin filing or responding to divorce motions, you would be wise to discuss your goals, objectives, and what results you can likely expect with your Staten Island divorce lawyer. Having such a discussion with your divorce lawyer can help reduce the chances of unnecessary litigation, help you understand what you can likely expect through your divorce, and what the costs may likely be.

Family law attorney, is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Wednesday, May 12, 2010

Interacting With Your Attorney

While talking to your Staten Island divorce attorney, see whether you are comfortable discussing your problem with him or her. Personality also tells a lot about an individual. When you first meet the person who claims to be knowledgeable about law, you can make out whether he has substance or not.

Well, for those who don’t want to rely on only intuition, it’s good to list out a few questions and ask your attorney. Observe how and what kind of answers they give. The questions can be related to the lawyer’s experience, the number of similar cases they have handled in the past, their present case load, their fee, what they think about your problem, options available, and likewise.

Once you have the right Staten Island divorce attorney by your side, relax; your divorce will be carried out smoothly.

In 1984, Eric M. Gansberg, Attorney at Law, began a legal practice that has been committed to representing our clients in their family law issues. Our goal is to resolve your matters amicably. While peaceful settlement is ideal, we are not afraid to stand up and fight for your rights as aggressively as needed to seek the best possible resolution of your case.

We are committed to our clients. We identify the relevant law and explain how it applies to each case. We will educate you about the rights, obligations, and options. We offer a comprehensive range of services to clients, including the following:

Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

What Your Family Law Attorney Must Have

What if you choose the wrong Staten Island divorce attorney? Imagine the losses you could face and on top of it, the trauma of going through the divorce! How would you feel if the lawyer you hired was more interested in making money out of your problem rather than listening to your problem with empathy?

Qualities Of A Staten Island Divorce Lawyer

If you do not want to double your emotional trauma, it’s better to put in some efforts in contacting the best divorce lawyers in town. They would assist you with regards to the custody of your child. Besides, they would solve your property division problems and help in either reducing or increasing your child support. In short, they would be ready to help you in whatever way you like, not mentioning the hundreds of dollars you would save in due course of time.

Starting Your Search For An Attorney

Before you go hunting for divorce attorney, ask a few questions to yourself:

•Do you both agree with the divorce?

•Is the divorce proceeding expected to go peacefully or requires negotiation?

•Has your relationship turned so bitter that you cannot tolerate each other?

Remember; divorces are of different types and so are the divorce attorneys. Therefore, it’s important that you recognize the type of situation you are in and begin looking for a family law attorney accordingly.

Once you come across a seemingly suitable online divorce attorney, it’s time to fix a meeting with him or her. Only then can you tell whether that particular attorney is right for your case or not.

Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.



Contact the Best Family Law Attorney

If you're thinking of meeting with a Staten Island family law lawyer, this is a comprehensive list of everything you might need

1. Information about your marital status:
All marriage information (past and present).

2. Personal information about you and your spouse:
Full names and dates of birth of all your children (natural and adopted).
Full legal names and contact information.
Date and place of births.

3. Summary of your assets:

You need to tell your Staten Island family law lawyer the location of safety deposit box and important papers.

You need to tell your family law lawyer the Location of cash, bank accounts, securities, deeds, etc., with account numbers.

4. Summary of debts

You need to tell your family law lawyer about any any debts, such as loans, guarantees, promissory notes, mortgages, and amount owed and to whom (include held by you for others).

5. Outline of legacies and legatees.

Do you have alternative legatees (beneficiaries) in case designated legatees predecease you or cannot be located?

To whom do you want specific bequests to go and the details of each bequest?

Who are important persons or organizations in your life and why?

In the event that you and your spouse (and/or children) are killed in a common disaster (e.g. auto or plane crash), how do you want your estate to be distributed?

Do you have minor children or disabled children? At what age do you want your children to have access to their bequest?

Do you have any forced heirs (children who have not attained age 24 or are not physically or mentally capable of caring for their estates)?

Have you considered setting up a testamentary trust to have some or all of your assets in your estate managed on your death on behalf of your spouse, children or other persons?


Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.



Wednesday, April 14, 2010

3 Simple Tips to a Divorce Attorney

When nothing else would help rebuild your marriage and when everything else seems to have failed you then divorce is the only available alternative to make the most of the years to come by. Sadly for you and for me there are quite a lot of divorce attorneys Staten Island out there and most are only eager to collect their fee irrespective of what the outcome of your divorce is. So if you want to make the best use of your divorce then it is prudent that you find the best divorce attorney out there. Here you will find three tips that you will have to look for when choosing your attorney to represent you legally in the court of law.

1. Credibility When choosing a divorce lawyer Staten Island make certain that you look for an attorney who is well respected and has made a niche for himself in the field of divorce law. Check the success rate of the attorney. If he or she has a success rate that is well over 95% then he or she will charge an extravagant fee. But remember that it will be well worth the investment. Make sure that you also do a research on how long the attorney has been practicing and try talking to a few references to find out about the attorney's prowess in a court room. The last thing you need in a divorce case is an attorney who is a complete push-over.

2. Closure Time & Out-Of-Court Settlements Most attorneys are well reputed for the time they take for the closure of a case. Let the attorney that you choose have an impeccable closure time. You can also find respectable attorneys who are well known to settle a divorce case on out-of-court basis. This is very crucial since it would save a lot of time and money for you if you are footing the legal charges. Look for an attorney who is a force to reckon with and who can gain the best settlement without having to take the case up to a judge. Since these fall under domestic or civil disputes, such cases are never brought before a jury. Still, an attorney who can negotiate the best out-of-court settlements should be the one that you invest on.

3. Costs & Fees When you meet your attorney for the first or even during the second time, make certain that you ask for a complete break-up off all the charges and costs that will be involved during the entire procedure. The last thing that you need after a successful divorce case is for your attorney to come up with a bill that would make you sell all the settlement assets and your mother's inheritance put together. The initial meeting is the time for you to clarify your questions about the costs involved. Don't let this particular topic slide by and regret it later with all the hidden charges that come up on your attorney's bill! So here are three solid tips that you need to remember before you choose a divorce attorney Staten Island. Do your research well and let your friends and family also recommend a few attorneys. Choose the best and choose wisely. Let the divorce attorney bring peace and not pain after your divorce is settled.

A Divorce Attorney Can Help Both Parties

Love is a funny thing. When you are young, it seems to consume your every thought and you can not wait to spend every moment of your day with the person that you love. You likely think that the love that you feel will last forever and you will not be one of those couples that end up nearly hating each other after years of marriage. Many lucky couples do spend their entire adulthood staying happily married. However, other couples take a wrong turn and wind up ending things because their love has faded or other circumstances have arisen.

If you are one of the couples that have decided that it is best to end your marriage, you might be wondering where you will go from here. If you have just made the decision to end things, you are probably feeling quite disoriented from everything that is running through your mind. One area where you can get help however is in the divorce process by hiring a divorce attorney Staten Island. You likely have many other things on your mind such as where your life will go from here and also in wondering how you will deal with all of the emotions that seem to be flooding your mind. The last thing that you will want to deal with is the technicalities of the divorce, which is why many people choose to hire this type of attorney.

Another reason why people choose to hire a divorce attorney Staten Island is because they know that they and their partner will be unable to reach a settlement on their own and will need to mediator to make any progress and get everything settled. When you have decided to get a divorce, the last thing that you will probably want is for the process to drag out because you and your spouse can not reach an agreement on the settlement. This type of attorney has dedicated their career to these types of cases and should be able to help you and your spouse reach a settlement that you can both live with, or can also help you get all of the things that you want of the settlement.

Things can also get tricky if you and your spouse have an accumulation of things from before you were married and after you were married. This is because the property laws are different in many states, so it really depends on the state where you live to determine how the things will be divided. A divorce attorney Staten Island can help sort all of this out for you and can help make sure that you get all of the property that should rightfully be yours.

Choosing a Good Divorce Attorney

Going through a divorce is a devastating thing for most people. It is one of the worst times in anyone’s life. It is an emotional time, not knowing what your financial status will be until it is over. Whether you want to or not, it is critical that you find an excellent divorce attorney Staten Island. Your financial stability depends on it. However it is not always as easy as it sounds. You need to find the best there is, and often it will take some research in order to find someone who will represent your best interests.

When you first start your search, create a list of attorneys that you may be interested in. Make appointments with each of them and then interview each one. Make sure you are speaking to the attorney that will handle your case and not a law clerk or paralegal. Most divorce attorneys will not charge for this initial consultation because they realize they are being interviewed.

Ask them how long they have been in practice and what their success rate is. Ask for references from past clients and speak to them. Also ask them what their fees are and what they include. Find out if you can get questions answered during the procedure without them billing you for every microsecond that they talk to you.

A good divorce attorney Staten Island will welcome and answer any question that you have. He or she above all understands what is at stake and will do everything in his or her power to get you what you deserve.

Most divorce attorneys do not charge for the initial consultation. However if the attorney is highly sought after, there may be a consultation fee. You may want to consider paying this fee because the attorney did not get his or her reputation for losing cases.

When you first start your search for a divorce attorney Staten Island, you can start with your local phonebook. Another option is to ask friends and family who have suffered divorce for their recommendations. Personal recommendations can carry a lot of value if you trust and respect the person giving their opinion.

Get a Divorce Attorney to Fight For You

What if you choose the wrong divorce attorney Staten Island? Imagine the losses you could face and on top of it, the trauma of going through the divorce! How would you feel if the lawyer you hired was more interested in making money out of your problem rather than listening to your problem with empathy?

Qualities Of A Divorce Lawyer

If you do not want to double your emotional trauma, it’s better to put in some efforts in contacting the best divorce lawyers in town. They would assist you with regards to the custody of your child. Besides, they would solve your property division problems and help in either reducing or increasing your child support. In short, they would be ready to help you in whatever way you like, not mentioning the hundreds of dollars you would save in due course of time.

Starting Your Search For An Attorney

Before you go hunting for divorce attorney Staten Island, ask a few questions to yourself:

•Do you both agree with the divorce?

•Is the divorce proceeding expected to go peacefully or requires negotiation?

•Has your relationship turned so bitter that you cannot tolerate each other?

Remember; divorces are of different types and so are the divorce attorneys. Therefore, it’s important that you recognize the type of situation you are in and begin looking for a family law attorney accordingly.

Once you come across a seemingly suitable online divorce attorney, it’s time to fix a meeting with him or her. Only then can you tell whether that particular attorney is right for your case or not.

Interacting With The Attorney

While talking to your divorce attorney Staten Island, see whether you are comfortable discussing your problem with him or her. Personality also tells a lot about an individual. When you first meet the person who claims to be knowledgeable about law, you can make out whether he has substance or not.

Well, for those who don’t want to rely on only intuition, it’s good to list out a few questions and ask your attorney. Observe how and what kind of answers they give. The questions can be related to the lawyer’s experience, the number of similar cases they have handled in the past, their present case load, their fee, what they think about your problem, options available, and likewise.

Divorce Attorneys Get Alimony

Divorce is the true feature of today’s times. There are more couples divorcing rather than staying together. it is because of this reason why there happens to be necessity of alimony and divorce attorneys. Divorce is painful, however, if one out of the couple is dependant financially on the other partner this divorce could also prove to be disastrous. It could mean that this person has been left with no mean to fend for herself/himself. This means this person ends up being totally unsecured and may be left a beggar. This is where alimony becomes important.

Alimony and divorce attorneys Staten Island need to be competent and strong willed. These also need to understand personal problems of their client and help them get through difficult legal procedures of divorce without causing too much stress. At the same time these lawyers need to insure that their client’s interests are well protected and that they do not end up being shortchanged.

Alimony and divorce attorneys Staten Island can be found through the internet, here through websites, you will gain to the best attorneys in your geographical area. You will also find out details about their prior experience, their previous clients and whether or not they have been satisfied with their services. Through the internet, you will be able to check out almost all details of the attorneys, which makes it simpler for you to hire the best of them.

Procedure of divorce is relatively simpler, however, with alimony at times it is necessary to establish that the person was dependant on the other for financial security, otherwise, it is difficult to gain alimony. Again the earning partner is not very ready always to part with his money, no wonder, this makes it difficult for the dependant person to sustain himself. Here alimony and divorce attorneys can prove immensely helpful.

Things become complicated in case of those couples where that has been a history of domestic abuse or dominance of any type. This is when the attorney may have to bring forth to the notice of the court the facts of such a case, which can result in the abusive partner also paying compensation, in case of serious abuse, such a person could also end up with being punished for his crimes.

It is therefore very necessary to hire a sensitive divorce attorney Staten Island, who can deal with all facts and reasons for divorce. Here it is always necessary to establish facts so that there is no confusion regarding who should be paid alimony and how much. It may also be necessary to rake up financial records so that there the other party does not cheat the court regarding income so that he has to pay less than what should actually be paid.

Picking a Divorce Attorney

Selecting a divorce attorney Staten Island is a critical decision making process. The person who you hire will be responsible for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights. In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented.

There are a few tried and true tactics that you should be using when you select a divorce attorney Staten Island. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that goes to court and becomes a knock down, drag out divorce litigation? There are divorce attorneys who specialize in these different types of cases and you need to hire the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to protect your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to create issues and move you towards litigation.

So, step one in the process of selecting a divorce attorney is to identify the type of case that you have. Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce attorney, and how their attorney performed for them.
After you have received the names of several divorce attorneys Staten Island that you received from asking other people, go online and start researching those attorneys and others. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. You can get quite a bit of information about how an attorney approaches cases and treats clients by reviewing their website.